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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
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Couverture  de  couleur 

□    Covers  damaged/ 
Couverture  endommagde 

□    Covers  restored  and/or  laminated/ 
Couverture  restaurde  et/ou  pellicul6e 


D 


D 

n 


n 


n 


Cover  title  missing/ 

Le  titre  de  couverture  manque 


□    Coloured  maps/ 
Cartes  g^ographiques  en  couleur 

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n    Pages  detached/ 
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□    Quality  of  print  varies/ 
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D 
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obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  reduction  indiquA  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 


y 


12X 


16X 


20X 


24X 


28X 


32X 


Th«  copy  filmad  h«r«  has  b««n  r«produc*d  thanks 
to  tho  gonarosity  of: 

Library  Division 

Provincial  Archives  of  British  Columbia 


L'axamplairo  film*  f ut  raproduit  grAca  A  la 
ginArosltA  do: 

Library  Division 

Provincial  Archives  of  British  Columbia 


Tha  im^gas  appaaring  hara  ara  tha  bast  quality 
possibia  consldaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  spacifications. 


Las  imagas  suivantas  ont  At*  raproduitas  avac  la 
plus  grand  soin,  compta  tanu  da  la  condition  at 
da  la  nattatA  da  raxamplaira  filmA.  at  an 
conformitA  avac  las  conditions  du  contrat  da 
filmaga. 


Original  copias  in  printad  papar  covars  ara  filmad 
baginning  with  tha  front  covar  and  anding  on 
tha  last  paga  with  a  printad  or  itlustratad  impras- 
sion,  or  tha  back  covar  whan  appropriata.  All 
othar  original  copias  ara  filmad  baginning  on  tha 
first  paga  with  a  printad  or  illustratad  impras- 
sion.  and  anding  on  the  last  page  with  a  printad 
or  illustrated  impression. 


Las  axemplairas  originaux  dont  la  couvartura  an 
papier  est  imprimAe  sont  filmAr  en  commen9ant 
par  la  premier  plat  at  en  terminant  soit  par  la 
darniAre  paga  qui  comporta  une  empreinte 
d'impression  ou  d'illustration,  soit  par  la  second 
plat,  salon  la  cas.  Tous  las  autres  axemplairas 
originaux  sont  filmAs  en  commenpant  par  la 
premiAre  paga  qui  comporta  una  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  darniAre  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — »■  (meaning  "CON- 
TINUED"), or  tha  symbol  V  (meaning  "END  "). 
whichever  applies. 


Un  das  symbolas  suivants  apparaitra  sur  la 
darniAre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ►  signifie  "A  SUIVRE  ",  le 
symbols  V  signifie  "FIN  ". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  In  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  lllustrota  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  At^e 
filmAs  A  des  taux  de  rAduction  dIffArents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reprodult  en  un  seul  cllchA.  il  est  filmA  A  partir 
da  Tangle  supArleur  gauche,  de  gauche  A  droite. 
et  de  haut  en  bes,  en  prenent  le  nombre 
d'images  nAcessaire.  Les  diagrammes  suivants 
illustrent  la  mAthoda. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

-)p. 


^ 


eyyaxt/uvest 
C^Uectiorv 


m. 


SPEECH 


OF 


HON.  ^Y.  F.  GILES,  OF  MARYLAND, 


o^- 


THE  OREGON  QUESTION. 


DELIVERED 


IN  THE  HOUSE  OF  RETOESENTATIVES,  FRIDAY,  JANUARY  9,  1846. 


WASHINGTON: 
BLAIR  &  RIVES,  PRINTERS. 

,    1846. 


VjuJp 


...i 


THE    OREGON   QUESTION. 


Tlie  resolution  from  the  Committee  on  Forcij^n 
Affairs,  requiring  the  President  to  notify  Great 
Britain  of  tlie  intention  of  the  United  States  to 
terminate  tlie  joint  occupancy  of  Oregon,  and  to 
abrogate  the  convention  of  1827,  lieing  under 
consideration  in  Committee  of  the  Whoh^, — 

Mr.  GILES,  who  was  entitled  to  the  floor,  rose 
and  said: 

Mr.  CriAiRMAv:  There  are  some  questions  whose 
importance  and  whose  greatness  are  such  as  to 
Swallow  up  for 'a  time  all  others,  to  chain  the 
tninds  of  men  to  their  consideration,  and  to  com- 
pel them  to  yield  their  imdivided  attention.  Of 
(Such  a  character  is  the  subject  which  we  are  now 
discussing. 

Its  importance  is  co-extensive  with  the  American 
^continent,  and  lasting  as  the  American  name.  Its 
interest  is  felt,  and  its  decision  anxiously  looked 
for,  upon  every  spot  where  live  the  principles  of 
American  liberty.  The  merchant  in  his  counting- 
liousc,  the  mechanic  at  his  daily  toil,  the  farineras 
he  tends  the  field  of  promi."!e,  the  hunter  as  he 

1)resscs  over  the  boundless  prairie;  even  the  travel- 
er, as  he  pursues  his  solitary  way  by  the  banks  of 
the  C'olunibia,  feels  its  interest  and  look.s  anxious- 
ly for  our  decision. 

But,  sir,  its  imjiortancc  goes  further.  As  it  re- 
."latos  to  peace  or  war,  it  affects  all  Christendom. 
j,!As  it  may  uivolve  two  of  the  greatest  commercial 
jiations  on  the  earth  in  war,  it  interests  and  affects 
every  man,  every  civilized  man,  on  whatever  spot 
Jic  may  dwell.  To-day,  sir,  our  comnierce  whi- 
tens every  sea.  The  industry  and  the  enterprise 
Of  our  countrymen  ha\e  been  mnde  known  in 
(every  part  of  the  habitable  globe.     Our  Christian 

Shilantliropy  has  planted  the  institutions  of  re- 
eemiiig  i»crcy  in  the  centre  of  tl»e  great  continent 
'of  Asia,  in  the  isles  of  the  Pacific,  and  even  on 
the  dark  and  dreary  coast  of  western  Africa,  so 

■Jtursedby  "man's inhumanity  toman."  Am  I  in 
*rror,  tlicn,  in  saying  that  this  question  interests 

■»very  civilized  man.'  Or  is  it  strange  that  an  in- 
terest should  be  excited  in  this  Hall  which  beto- 

j^ens  the  greatness  and  importance  of  the  subject, 

^d  that  even  beauty  should  forsake,  for  a  season, 

'aergay  and  flowery  walks  to  smile  upon  our  de- 

.^berations.'' 

"  _  It  is  a  question  which  outrides  all  party  distinc- 

"tions,  which  sweeps  away  all  party  lines,  and 
Ihows  us  that  upon  all  great  questions  of  foreign 
teolicy,  we  are,  as  a  people,  one  in  sentiment,  as 
we  are  in  history,  and  shall  be  one  in  destiny.  I 
"'  '^   ""■.  il'>   «   I' 


believe  that  when  this  great  question  comes  up  for 
final  action,  this  House  will  be  found  unanimous 
in  the  pursuit  of  such  measiwes  as  may  be  deem- 
ed necessary  to  meet  the  exigencies  of  the  occa- 
sion. 

However  we  may  diflier  as  to  the  initiatory  steps 
proper  for  the  assertion  of  our  title,  (and  these  are 
points  on  which  I  know  there  are  honest  differ- 
ences of  opinion  amongst  men  of  all  parties,)  yet 
M'hen  no  other  resource  is  left — when  all  negotia- 
tions fail — when  all  hope  of  settling  the  matter  by 
treaty  shall  have  passed  away,  and  men  come  to 
consider  what  course  we  ought  to  take  for  the 
maintenance  of  that  title,  they  will  throw  off  the, 
faded  livery  of  party  and  put  on  the  uniform  of 
our  common  coimtry. 

Sir,  the  debate  which  we  liave  had  in  this  Hall 
has  been  gratifying  to  every  American  heart.  There 
was  only  one  ]iortion  of  the  argument  M'hich  I  re- 
gretted. I  did  deeply  regret  that  th'?  honorable 
gentleman  from  Ohio,  [Mr.  Giddings,]  who  first 
addressed  the  committee,  should  have  permitted 
himself  to  turn  aside  from  this  lofty  theme,  and 
hurl  a  shaft  at  one  of  the  institutions  of  the  coun- 
try. But,  sir,  during  the  debate  we  have  heard  a 
voice,  I  might  almost  saj',  from  the  past.  The 
venerable  gentleman  frona  Massachusetts  [Mr. 
Adams]  has  spoken  on*:  and  I,  for  one,  rejoiced 
to  see  that,  although  his  locks  arc  bleached  with 
the  frosts  of  more  than  seventy  winters,  yet  the 
fires  of  patriotism  still  burn  brightly  on  their  an- 
cient altar. 

Mr.  Chairman,  I  was  one  of  those' who  were  ia 
favor  of  post]ioning  the  discussion  of  this  great 
question,  as  proposed  by  the  honorable  chairman 
of  the  Committee  on  Foreign  Aflfairs,  [Mr.  C.  J. 
IvciF.nsor.L.]  I  wished  to  see  what  would  be  the 
effect  in  England  of  the  present  aspect  of  the  ques- 
tion, as  it  is  presented  in  the  late  correspondence, 
whi'"h  has  brought  from  the  archives  of  diplomacy 
into  the  full  light  of  day,  the  fulness  and  clearness 
of  our  title — a  correspondence  which  will  add  to 
the  heretofore  widc-sjn-ead  famo  of  the  Secretary  of 
State;  a  fame  whose  hun-els  time — which  corrodes 
and  destroys  so  much  of  human  achievement — will, 
year  after  year,  only  freshen  and  renew.  After 
that  correspondence,  if  we  must  go  into  this  con- 
test, M^e  shall  feel  the  full  force  of  the  sentiment: 

"  Tliricu  iri  ho  jirin'd  wlio  liatli  his  quarrel  just." 

If  this  contest  is  to  come — for  we  are  not  per- 
mitted to  lift  the  veil  of  futurity,  and  see  what  ia 
in   reserve  for  us — humanity  will  weep.      The 


4 


nngcl  of  peace  will  unfurl  his  fiiiry  wing',  nnd  take 
his  eaj,^lo  flijjht  to  the  sky.  It  will  be  a  contest 
that  will  not  only  sweep  from  the  ocean  a  vast 

E onion  of  commerce,  but  will  retard  the  i;r(}at 
enevolent  operations  of  tlie  day,  and,  a.s  I  liclieve, 
arrest  the  march  of  civilization  for  more  than  Jiaif 
ti  century.  It  was  for  considerations  such  as  these, 
that  I  was  anxious  to  pause,  that  we  niij;iit  see 
whether  our  o])pononts  would  plant  themselves 
directly  in  the  face  of  (lie  President's  Message,  of 
our  title,  and  of  the  correspondence. 

But  the  House  has  decided  otherwise.  We  are 
here  discussing  this  great  cnu'slion,  and  in  a  few 
days  we  must  vote  upon  it.  I  siudl  now,  tiiere- 
fore,  briefly  and  [ilaiidy  give  to  the  comnuttee  the 
-easons  which  have  operated  on  my  mind,  and 
which  will  induce  me  to  vote  for  the  resolution 
which  the  chairman  of  the  Committee  on  I''oreign 
Afl'airs  submitted. 

Much  has  been  said  al)out  the  conse(]ucnccs 
of  a  conflict  lietwcen  Great  Britain  and  this 
country.  If  it  comes — and  I,  fin*  one,  covet  not 
for  my  country  "  the  pliuned  troop,  tlic  big  wars, 
the  shrill  trump,  the  spirit-stirring  drum,  the  ear- 
piercing  fife,  and  all  the  juide,  pomp,  and  cir- 
cumstance of  glorious  war" — but  if  it  comes,  it 
will  do  one  thing  for  us  that  has  not  yet  been  men- 
tioned: it  will  free  us  forever  from  the  lo(jms  of 
Manchester  and  the  workshops  of  Birmingham, 
It  will  emancipate  us  forever  from  the  manufac- 
tures of  Great  Britain.  She  will  lose  one  of  her 
best  customers;  and  that  I  believe  to  have  lieen 
one  of  the  great  prevailing  consideriitions  which 
have  hitherto  held  her  in  peaceful  relations  with 
us. 

Mr.  Chairman,  after  the  most  careful  consider- 
ation which  I  have  b(?en  able  to  give  to  this  ques- 
tion, I  conscientiously  believe  that,  if  war  is  to 
come,  it  will  come  wlielhei"  you  give  this  notice  or 
not.  I  believe  that  we  have  now  reached  a  point 
in  the  history  of  the  Qregon  terril.iry  which  will 
no  longer  admit  of  this  joint  occupation.  I  should 
like  to  know  from  British  stivtesmen  how  long  this 
chrysalis  state  of  civilization — this  inchoate  system 
of  government — is,  in  this  state  of  things,  to  last. 
It  was  very  well  in  1818f-it  was  well  in  1827 — 
when  this  great  country  Alas  used  only  as  a  place 
to  receive  from  the  Indiair  tribes  the  furs  tliey  col- 
lected, and  as  a  place  at  which  our  whalemen  and 
other  ships  might  water.  It  was  very  well  while 
Great  Bntahi  and  ourselves  merely  used  the  terri- 
tory for  the  purposes  of  commerce,  without  refer- 
ence to  actual  settlement. 

But,  sir,  in  pursuance,  I  suppose,  of  that  destiny 
to  wliich  my  eloquent  fi-iendfrom  Indiana  referred 
the  other  day,  whose  onward  progress  we  cannot 
resist,  our  people  rapidly  have  passed  to  Oregon, 
not  for  the  purj.ose  of  commerce,  not  to  obtain  the 
furs  of  that  vast  country,  but  to  settle,  to  build 
houses,  and  to  till  the  soil.  In  this  state  of  things, 
look  for  a  moment  at  the  condition  of  Oregon. 
Our  citizens  are  now  there  without  a  government, 
and  without  protection  from  the  country.  They 
are  entitled  to  both.  Refuse  to  pass  a  bill  to  pro- 
vide that  government  and  to  give  that  protection, 
and  what  condition  are  you  in .'  Why,  if  a  British 
subject  assaults  and  beats  an  American  citizen,  by 
whom,  under  the  present  system,  (which  some 
gentlemen  wish  to  continue,)  is  he  to  be  tried  ?  By 
your  American  judiciary.'    No;  but  by  a  British 


cotu't.  If  there  is  no  British  court  near,  then  he  Ik 
sent  to  some.  disl;iiit  esUiblislnnent  of  the  Hudson 
Bay  Company.  Can  any  man  beii(!vc  tiiat,  look- 
ing to  this  conflict  of  Jurisdiclion,  if  it  is  eontin- 
ucd,  iieace  can  longer  be  maintained?  Daily  and 
hourly  must  be  the  conflict.  An  American  citizen 
is  indebted  to  a  citizen  of  Great  Britain:  where 
is  he  to  be  sued? — In  an  American  court.  If  a 
i'ritisli  subject  is  indebted,  he  must  be  sued  in  a 
British  court. 

But  the  aitsurdity  of  the  lliing  does  not  stoj) 
here.  Our  citizens  have  gone  to  liiat  territory  lor 
the  ]nirpose  of  settlement.  From  whom  are  liicy 
to  obtain  their  titles  to  the  soil?  The  treaty  says 
that  the  .sovereignty  is  in  abeyance.  1  iippe.d  to 
the  good  sense  of  gentlemen  to  say,  whether  it  can 
longer  be  left  so?  it  has  been  said  by  travellers, 
that  the  coffni  of  Mahomet  is  suspended  between 
heaven  and  cartli;  but  a  greater  mirai'le  will  l)e 
seen  if  this  matter  of  title  to  the  sovereignty  of  this 
soil  can  longer  be  kept  in  abeyance.  Whether  you 
give  the  notice  or  al'stain  from  giving  it,  a  conllict 
must  come  uidess  this  matter  is  arranged  by  treaty. 
That  it  may  be  so  arranged,  I  fervently  and  sin- 
cerely hope.  1  do  not  see  tiuit  the  giving  this  no- 
tice can,  in  any  manner,  eitiier  ad\  ance  or  retard  a 
settlement  by  treaty.  I  am  for  giving  the  notice, 
because  we  are  bound  to  jirotect  our  citizens  who 
have  gone  to  that  ctmntry  upon  tlie  faith  of  that 
title  which  we  have  again  and  again  asserted.  I 
am  in  favor  of  giving  it,  bectiuse  we  must  follow  it 
u]i  by  provision  fov  a  govenunent  to  protect  and 
defend  our  citizens  who  have  planted  our  banner 
on  the  shores  of  the  Pacific.  I  tim  in  favor  offer-, 
minating  this  joint  occupancy,  because  we  caimot 
give  an  efficient  govennnent  and  a  proper  protec- 
tion to  our  citizens  whilst  it  remains. 

But  1  am  in  favor  of  it  for  another  reason.  How 
many  citizens,  to-day,  of  the  United  States,  are  on 
the  northern  bank  of  the  Columbia  river?  Not 
one,  of  whom  I  have  any  hiformation  !  What  is 
the  reason  ?  The  British  Government  has  now 
established  there  a  regular  system  of  government — 
the  Hudson  Bay  Company,  with  their  forts  erected 
on  the  northern  side  of  tiie  Columbia,  who  so  ar- 
range matters  that  no  American  citizen  shall  make 
a  permanent  settlement  hn  the  northern  side  of  that 
river.  They  have  not,  I  learn,  infringed  upon  the 
treaty;  but,  with  their  great  power  and  wealth,  and 
looking  to  the  secrecy  with  which  that  company 
operates  over  the  whole  North  American  conti- 
nent, they  have  brought  other  means  to  bear  than 
that  of  force  to  turn  the  emigration  from  the  United 
States  south  of  the  Columbia  river.  I  \yill  read  an 
extract  from  a  work  w  hich  describes  this  organiza- 
tion.    I  quote  from  Greenhow: 

*'  In  addition  to  the  assistance  and  protection 
'  thus  received  from  tlie  British  Government,  the 
'  constitution  of  the  Hudson  Bay  Company  is  such 
'  as  to  secure  the  utmost  degree  of  knowledge  and 
'  prudence  in  its  councils,  and  of  readiness  and  ex- 
'  actness  in  the  execution  of  its  orders.  Its  affairs 
'  are  superintended  by  a  governor,  a  deputy  gov- 
'  ernor,  c.nd  a  committee  of  directors,  established 
'  at  London,  by  whom  all  general  orders  and  rcg- 
'  ulations  are  devised  and  issuedrand  all  reports 
'  and  accounts  are  examined  and  controlled.  Tiic 
'  proceedings  of  this  body  are  enveloped  in  pro- 
'  found  secrecy,  and  the  communications  made  to 
'  tlie  Government  in  writing,  wliich  are  likely  to  be 


•published 
•  tion,  and 
•quired." 

Here,  th 
gnnization- 
xn  favor  fif 
of  the  Coh 

I  am  in  ; 
and  yet  sti 
again  open 
ernment,  ii 
tiharacteriz 
has  ngain, 
liberal  ofl'e 
compromif 
again  ])rop 
parallel  of 
tent  often 
is  a  most  ' 
so  pronoui 
gives  Engl 
territory. 
that  ?  Lei 
the  Secret! 
British  M: 

Mr.  Bu 

"  He  [tl 

•  undersig 
« of  Great 
•divided  1 

•  parallel  c 

•  tains  to  ( 
_.  That(s. 
it  did  not 
^  "OfTeri 
■•'Great  Bi 
•Island,  s 
*Governn 

;  Can  tlu 
position  tl 
mitted  ? 

Why,  f 

tory  of  ( 

amazcmei 

jected.     I 

day  that 

heel  upon 

time  until 

todi  at  S 

has  Great 

ritory  slu 

lion's  shr 

of  l:>attle  i 

has  it  alv 

Columbif 

ritory  to 

give  me  i 

which  I 

the  sod.' 

upon  the 

degrees, 

to  Texas 

breathes 

permit  G 

parallel. 

Mr.  C 

tent  with 

jects;  an( 

all  she  \\ 

fiver  aski 


nrar,  tlicii  lio  i.s  •pul)Iislu(l,  aro  fxpros.^fd  in  trrnis  of  stiuliod  raii- 
<if  tlio  lliidsoii  •  tidii,  and  all'urd  only  tlic  details  absolutely  re- 
lievo that,  look- •quired." 

if  it  is  roiitin-  Heir,  then,  (continued  Mr.  G.,)  is  a  perfect  nr- 
ed?  Daily  and  gfini/.aiiou — an  established  government  operating 
nierican  citizen  m  favor  of  JJritish  subjects  on  the  northern  bank 
IJritain:  where  of  the  Columbia. 

ui  coui-t.     If  a      I  am  in  favor  of  giving  the  notice  for  another 

St  be  sued  in  a  and  yet  stronger  reason.     Thi.s  matter  has  lieen 

again  opened  by  negotiation.     The  American  Gov- 

does  not  sto])  ernnient,  in  tliat  spirit  of  liljerality  which  has  ever 

at  teri'itory  for  clharacterized  its  intercourse  with  foreign  nations, 

ulioni  ar(!  liicy  has  again,  and  f(n'  the  fourth  time,  made  ihc  most 

I'lie  treaty  says  liberal  offers  fur  a  settlement  of  the  controversy  by 

1  appeal  to  compromise.     Tlic   American    Government    lias 

,  wlictlier  it  can  again  jiroiiosed  to  divide  this  territory  by  tl>c  49th 

d  by  travellers,  parallel  of  latitude,  which,  in  reference  jto  the  ex- 

lendcd  ])et\\een  tent  of  territory  on  the  northern  and  southern  side, 

miracle  will  be  is  a  most  liberal  offer  of  compromise,  and  will  be 

ereignty  of  this  so  pronounced  by  the  diplomatists  of  Europe.     It 

Whether  you  gives  England  nearly  one-half  of  that  magnificent 

ing  it,  a  conflict  territory.     Did  not  the  offer  go  even  further  than 

uigedl)y  treaty,  (hat?    Let  me  read  an  extract  from  the  letter  of 

vently  and  sin-  the  Secretary  of  State,  of  the  12th  of  July,  to  the 

'■  giving  this  no-  British  Alimstcr. 

ance  or  retard  a      Mr.  Buchanan  says: 

ling  the  notice,  "  He  [the  President]  has  therefore  instructed  the 
an-  citizens  who  '  undersigned  again  to  propose  to  the  Government 
le  faith  of  that  '  of  Great  Britani  that  the  Oregon  territory  shall  be 
ain  asserted.  I  'divided  between  the  two  countries  by  the  49th 
e  nuist  follow  it  '  parallel  of  north  latitude,  from  the  Rocky  moun- 
:  to  protect  and  'tains  to  the  Pacific  ocean." 
nted  our  banner  Tliat  (said  Mr.  G.)  was  a  most  liberal  offer,  but 
I  in  favor  of  ter-,  tt  did  not  stop  there.  It  further  says: 
pause  we  cannot  ,  "  Oflcring,  at  the  same  time,  to  make  free  to 
a  proper  protec-  *  Great  Britain  any  port  or  ports  on  Vancouver's 
lis.  *  Island,  south  of  this  parallel,  which  the  British 

;r  reason.   How   'Government  may  desire." 

3d  States,  are  on  Can  there  (said  Mr.  G.)  be  a  more  liberal  pro- 
bia  river?  Not  position  than  that  which  our  Government  thus  sub- 
Ltion  !     What  is   mitted  ? 

iment  has  now  Why,  sir,  if  one  were  unacquainted  with  the  his- 
if  government —  jfcry  of  Great  Britain,  he  would  be  struck  with 
leir  forts  erected  amazement  that  such  a  proposition  should  be  re- 
bia,  who  so  ar-  jftcted.  But  wl.en  we  trace  her  history  from  th-^ 
izcii  shall  make  day  that  the  Norman  conqueror  planted  his  iron 
icrn  side  of  that  heel  ujion  that  sea-girt  i.^le,  down  the  stream  of 
■inged  upon  the  time  until  the  day  that  she  chained  her  honor  to  the 
an(l  wealth,  and  rock  at  St.  Helena  with  its  royal  captive,  when 
1  that  com))any  has  Great  Britain  ever  abandoned  any  claim  of  ter- 
Linerican  conti-  ritmy  she  has  made,  except  she  has  obtained  the 
IS  to  bear  than  lion's  share  by  treaty,  or  has  first  tried  the  wager 
from  the  United  of  battle?  What  is  her  proposition  now?  What 
has  it  always  been?  "  Give  me  the  north  of  the 
Columbia  river.  Give  me  two-thirds  of  this  ter- 
ntory  to  which  I  acknowledg  I  have  no  claim; 
give  me  more  than  two-thirds  of  that  territory  in 
which  I  have  never  claimed  the  sovereignty  of 
the  soil."  Now,  sir,  howtver  we  may  differ 
upon  the  offer,  or  acceptance  of  the  parallel  of  49 
degrees,  I  do  not  believe  that,  from  Nova  Scotia 
Texas — from  the  Atlantic  to  the  Pacific — there 
reathes  a  single  man  even  this  day  who  will  ever 
|>ermit  Great  lirilain  to  come  south  of  the  49th 
parallel. 

Mr.  Chairman,  Great  Britain  is  perfectly  con- 
tent with  the  Joint  occupancy.  It  effects  all  her  ob- 
jects; and  she  is  willing  to  trust  to  time  to  give  her 
411  she  wants.  It  gives  her,  Mr.  Chairman,  all  she 
ever  asked  or  contended  for,  as  I  shall  show.  The 


i  vyill  read  an 
;s  this  organiza- 


and  jirotectioii 
overnment,  the 
Dmpany  is  such 
knowledge  and 
idiness  and  cx- 
3rs.  Its  afl'airs 
,  a  deputy  gov- 
)rs,  established 
orders  and  rcg- 
iiid  all  reports 
ntrolled.  Tho 
elojicd  in  pro- 
itions  made  to 
ire  likely  to  be 


joint  (iicupancy  is  all  slie  ever  asked  or  contended 
for.  Now,  what  is  the  basis  of  her'tith;?  Why, 
sir,  in  the  negotiation  at  London  between  Mr.  Gal- 
latin and  the  British  pleiiipoten'iaries,  in  1827, 
wliat  was  the  claim  then  advai.  'cd  by  Great  Brit- 
ain? Did  she  dream  at  that  day  of  claiming  any 
sovereignty  of  title  to  any  part  of  the  soil  of  Ore- 
gon ?  Let  us  hear  her  own  Plenipotentiary.  In 
his  protocol,  he  holds  this  language  : 

"  Great  Britain  claims  no  exclusivp.  sovere'tgntij 
'  orer  any  jwtion  of  that  territory.  Her  present 
'  claim,  not  in  respect  to  any  part,  out  to  the  whole, 
'  is  limited  to  a  right  of  joint  occupancy,  in  com- 
'  mon  with  the  other  States,  leaving  the  right  of 
'  exclusive  dominion  in  al)eyance." 

There  is  where  she  wants  to  leave  it  now.  Why, 
sir?  Why?  Because  site  has  no  title  beyond  that. 
She  never  asked  for  anything  but  the  joint  occu- 
pancy. Well,  upon  what  has  she  founded  her 
claim?  Why,  at  the  close  of  (his  protocol,  she 
holds  this  language: 

"  Such  being  the  result  of  the  recent  negotiation, 
'  it  only  remains  for  Great  Britain  to  maintain  and 
'  uphold  the  ([ualified  rights  which  she  now  pos- 
'  sesses  over  the  whole  of  the  territory  in  question. 
'  These  rights  are  recorded  and  defined  in  the  con- 
'  vention  of  Nootka,  They  embrace  the  right  to 
'  navigate  the  waters  of  those  countries,  tlie  right 
'  to  settle  in  and  over  any  part  of  them,  and  the 
'  right  freely  to  trade  with  the  inhabitants  and  oc- 
'  cupiers  of  the  same," 

She  claimed,  then,  no  sovereignty,  no  title  to  the 
soil,  but  a  right  in  that  territory  merely  for  the 
usual  purposes  of  commerce;  a  right  there  to  pur- 
sue her  commercial  operations,  founded  u])on  the 
treaty  of  Nootka  Sound, 

Well  now,  sir,  that  was  her  claim  in  1827.  That 
was  the  ojiinion  of  her  Minister  of  her  claim.  Was 
it  correct,  or  was  it  not  ?  Can  any  man  believe — 
if  at  that  day  she  believed  herself  to  possess  any 
title  to  the  soil  of  Oregon — it  would  not  have  been 
eml^raced  in  the  protocol  of  her  Plenipotentiary? 
She  founded  her  claim  upon  the  Nootka  Sound 
treaty.  Now,  this  protocol  gives  you  the  opinion 
of  her  Minister  in  1827,  that  that  treaty  gave  her 
no  right  to  the  soil — that  it  gave  her  but  a  "  quali- 
fied" right.  Was  it  in  existence  in  1827?  Out 
of  what  did  it  grow?  There  is  something  about 
the  history  of  that  treaty  which  speaks  a  lesson  aa 
to  the  foreign  policy  of  Great  Britain.  Why,  sir, 
in  1790,  the" King  of  Great  Britain  made  a  commu- 
nication to  his  Parliament,  that  two  British  vessels 
had  been  seized  by  the  Spanish  Governor  ujwn 
the  northwestern  coast  of  America.  Now,  1  ask 
centlemen  to  look  at  the  communication  made  to 
the  Parliament  of  Great  Britain  upon  the  5th  of 
May,  1790,  and  which  was  the  commencement  of 
the  Nootka  Sound  difficulty.  Docs  any  gentleman 
believe,  if  Great  Britain  at  that  day  believed  she 
had  any  claim  to  the  soil,  that  when  her  King  was 
sneaking  to  his  own  Parliament  he  would  not  have 
alluded  to  it?  That  when  he  was  calling  down  at- 
tention to  an  outrage  committed  on  a  portion  of  the 
citizens  of  his  kingdom,  he  would  not  have  spoken 
of  it  as  being  committed  in  a  country  over  which 
he  claimed  the  sovereignty,  or  in  whicii  he  claimed 
the  right  of  soil?  But  we  hear  not  one  word  of 
this.  He  sneaks  of  the  injury  to  the  vessels;  but 
in  the  whole  communication  there  is  not  one  word 
that  upon  the  soil  of  the  country  Great  Britain  had 


6 


I 


i 


any  rlixim.  ITo(!oca  not  sf)Pi\k  of  tlioloss  oflnnils. 
No,  sir.  Hn  docs  not  spciilt  of  the  (Icsinictioii  of 
liouscs;  'nit  he  coniplfiins  of  tliP  cajituri!  of  two 
Bhi|)H  nrid  tlmir  r.iirijops.     Well,  Snairi  look  jjrcal 

rmina  to  clnir  tip  thin  matter.  Sln!  liehaved  in  a 
il)cnil  nnd  noble  way;  and  slie  addressed  a.  inenio- 
rinl  to  the  courts  of  Europe  in  justification  of  her 
conduet,  in  whieli  she  liolds  this  hin;,'uaj:;e: 

'•  The  hii;;li  an<l  niennein;;  tine  nnd  manner  in 
'  wlii;'h  the  unswiT  of  llie  British  minister  was 
'  couched,  at  a  time  wlien  no  reiiaiu  information  of 
'  the  particulnr.s  had  arrived,  made  tlie  Sjianisii 
'  Cabinet  entertain  sonic  siispiciim.s  that  it  was  ma(h! 

*  not  so  much  for  tlie  purpose  of  tlie  dispute  in 

•  question,  ns  n  pretext  to  l)reak  entirely  with  our 

•  Court;  for  which  reason  it  was  tIiou!j;lu  necessary 
'  to  fake  some  precaution  relative  to  the  subject.'' 

Well,  sir,  when  alTidavits  came  to  hv.  made  in 
London  to  bring  this  claim  properly  liefore  Par- 
liament, the  word  "  lands"  is,  for  the  first  time, 
introduced.  The  Spanish  Government  took  <;reat 
pains;  it  obtained  certificates  of  two  American 
captains  wju)  were  there  at  tiie  time,  not  only  jj;iv- 
in.g  the  details  of  all  the  transactions,  but  to  them 
is  propounded  the  (|uestion,  whether  any  buildini^s 
or  lands  were  owned  by  Captain  I\Iearcs,  who  was 
the  complainant.  Now,  wliat  did  they  say? 
Here  is  what  they  say:  "Interim,  we  observe 
'  you  wish  to  be  ac(nu\intcd  what  house  or  cstab- 

*  lishmcnt  Mr.  Meares  had  at  the  lime  the  Spaniards 
'arrived  tliere.  We  answer  in  a  word,  ?i07ic." 
They  had  no  land,  nor  no  title  to  the  soil.  And 
yet  you  find,  when  tlie  Nootka  Sound  treaty  came 
to  be  made — madi;,  no  doubt,  under  the  menace 
of  a  Britisii  fleet — that  tlie  word  "  lands"  is  intro- 
duced. But,  takini,'  that  treaty — the  wliole  and 
entire  treaty  togeliicr — it  j^ives  nothin<r,  as  I  have 
said  before,  to  the  British  Govenmiem  but  what 
her  minister,  in  1827,  termed  "qualified  riji^hts." 
Well  now,  sir,  here  is  a  view  that  has  struck  my 
mind,  indepeiuh^nt  of  the  argument  whi(;h  is  )>ut 
forward  by  the  Secretary  of  State,  "  tliat  this 
'  ti-eaty  was  entirely  abro<;ated  by  the  war  which 
I  ensued  between  Spain  and  Great  Britain."  And 
it  is  this  :  that  any  grant  fi'om  any  Power  to  an- 
other, of  a  qualified  right  of  that  kind,  must  he 
taken  to  continue  only  so  long  as  that  qualified 
ri^ht  can  be  fairly  exercised  in  reference  to  the 
progress  and  settlement  of  the  country.  Spain 
never  could  have  intended,  and  never  did  intend, 
to  g-ive  to  Great  Britain,  by  that  treaty ^  the  right, 
if  she  should  hereafter  settle  and  cultivate  that 
country,  to  any  portion  of  its  sovereignty.  It  was 
a  right  to  trade  on  an  uncivilized  coast — a  right  for 
protection  for  lier  ships  in  storms — a  right  only 
which  could  be  exercised  without  injury  to  Spain, 
while  Spain  liad  not  yet  settled  upon  the  territory, 
but  wliich  could  not  be  considered  to  extend  be- 
yond the  period  when  Spain,  or  any  other  Power 
to  whom  she  should  transfer  her  sovereignty, 
should  settle  and  cultivate  that  soil.  So  I  read  that 
treaty,  sir.  It  is  temporary  from  the  very  nature 
of  things,  and  must  have  been  intended  to  be  end- 
ed when  the  state  of  the  country  had  become  en- 
tirely changed  from  what  it  was  when  tlie  treaty 
was  made.  Now,  upon  that  treaty  of  Nootka 
Sound,  Great  Britain  plants  hersejf,  not  claiming, 
as  I  said  before,  the  sovereignty  to  one  foot  of  the 
soil,  but  merely  the  right  jointly  to  occupy  it  for 
the  purpose  of  trade. 


Mr.  Chairman,  in  181S,  when  the  convention  of 
that  day  was  made,  joint  occur)aney  suited  both 
the  high  contrai'iing  parties.  In  IHIR,  no  citizen 
of  the  United  States,  except  jiossibly  those  con- 
nected M'itli  the  fur  trade  at  Astoria,  had  becomi' 
an  inhabitant  of  that  territory.  Great  Britain  and 
the  United  States  looked  to  its  use  merely  ns  n 
place  for  carrying  on  the  fur  trade,  and  possibly 
as  a  place  for  wat(Tiiig  their  ships  engaged  in  tht 
whale  fishery  in  the  Pacific.  Joint  occupancy, 
then,  was  all  that  the  United  States  wanted;  joini 
occujiancy  was  then,  and  is  now,  all  that  Great 
Britain  wants.  In  1827,  things  remained  in  the 
same  condition;  and  that  which  was  but  tempo- 
rary, by  its  own  limitation,  was  made  to  continue 
during  the  pleasure  of  lioth  parlies.  But  what  does 
it  bear  on  its  face?  Why,  it  bears  on  its  face  the 
opinion  of  both  the  high  contracting  parties,  t!;!>t  n 
period  would  come  when  thisjointoccunancy  would 
no  longer  be  advisable.  It  reserves  tlic  right  for 
either  [larty  to  terminate  this  joint  occupancy  upon 
twelve  months'  notice.  Tliey  looked  then,  as 
they  did  in  1818,  when  they  made  this  convention 
temporarily,  they  looked  to  the  fact  that  the  day 
would  come  when  this  joint  occupancy  would  iiu 
longer  exist.  Now,  I  may  be  in  error — we  an 
liable  to  error — but  I  think,  sir,  that  that  day  hn? 
arrived.  Now,  as  I  said  before,  we  differ  upon  this 
initiatory  step  towards  the  assertion  of  our  title. 
We  difl'er,  and  I  regret,  Mr.  Chairman,  exceed- 
ingly, that  I  differ  in  opinion  with  a  distinguished 
statesman  in  the«thcr  end  of  the  Capitol,  whose 
purity  of  life  and  comjirehensiveness  of  intellec 
liave  marked  him  as  one  of  the  master-spirits  (ji 
the  age,  and  who  has  shed  a  halo  around  the 
American  name;  a  man  to  whom  the  American 
|ieople  can  jjoint  as  the  living  model  of  what  an 
American  statesman  should  be.  But  we  have  nli 
our  individual  responsibility.  We  are  all  bouni: 
to  bring  to  the  consideration  of  this  question  tli( 
best  intelligence  which  nature  and  education  havt 
brought  within  our  reach,  and  to  follow  out,  af^cr 
patient  and  retired  study,  the  dictates  of  our  own 
judgments.  I  believe,  sir,  the  day  has  come  for 
the  cessation  of  this  joint  occupav.cy.  Your 
Government  has  thought  so  too.  She  has  again 
held  out  the  olive-branch  of  peace  to  the  Gov 
ernment  across  the  water.  She  has  again  said 
to  her  opponent  in  this  question,  "Although  wt 
believe  our  title  clear  to  the  whole  of  this  territory, 
yet  we  Avill,  for  the  fourth  time,  ofiTer  to  divide  ii 
with  you  by  a  parallel  of  latitude,  which  is  thf 
same  that  divides  our  territory  from  the  Lake  o: 
the  Woods  to  the  Rocky  mountains.  We  wil 
extend  this  parallel  to  the  Pacific  ocean,  and  givt 
you  nearly  one-half  of  this  magnificent  territory. 
We  will  give  it  to  you,  too,  when  you  never  claiii> 
cd  the  sovereignty  of  the  soil,  but  claimed  merely 
its  temporary  occupajicy."  Sir,  I  believe  that  tin; 
rejection  of  that  oflier  by  the  British  Minister  wo.- 
rash  and  impolitic;  and,  I  believe,  over  it  humaiii 
ty  will  weep. 

Sir,  the  gentleman  from  Indiana  who  addressdi 
the  committee  a  day  or  two  ago,  asked  where  wa; 
the  power  of  Congress,  under  the  Constitution,  ti 
pass  this  resolution.  I  point  him  to  section  third, 
article  fourth  of  the  Constitution,  which  reads 
thus  : 

"  The  Congress  shall  have  power  to  dispose  of 
'  and  make  all  needful  rules  and  regulations  re- 


<  specting 
•  ing  to  il 
Now,  I 
to  jiass  a! 
lilory. 
tlie  treat 
ever  c(Mi 
king  pov 
Congress 
under  th 
fentalive 

tic   treat 
cnale. 
treaty-m 
Do  coiilli 

The  h 
Yancky 
much  di 
■cnny  Si 
«d.  Sir 
S  war  f(] 
l^ad  claii 
|>oet  had 


t 


I 


the.  rnnvention  of,  gpprtin^  \\\o  frrritorv  or  other  properly  bcloner- 
-anry  snilo.l  iK.tl, .  i,',„  i„  ,f,^  United  Statrs." 

II  ipiN,  MO  citizon  Now,  lien;  is  a  power  i^'ivcri  in  t)ie  ConNtiii'ion 
ssibly  those  «on-jp  j,j,j,j^  nH  ,.,,1,.,^  „m|  n.<:ulali<iiis  rcspectiiii,' our  ter- 
i)na,  liad  '>p"-.'>m<' jjtory,  q,  hut,  says  the  -eiitlenicii,  it  Ijclon-s  to 
"".'l"*^      "'I'" '^'"' the  treaty-making  power.     But   no   conflict"  etui 


lies  wan  en ;  joint  gentatives,  tlu  Piesitlent.and  tlic  Senate.     Wlio 
iw,  all   that  Greai  ^c   treaty-niaUiii;,'  power.'     Tiic    Preside  iit   ui 


Senate.    "Wliatever,  then,  Congress  approves,  the 

Tliere  cun  be 


itPH  wanted; 

Great  gj, 

remained   in  the  ]g( 

was  l)ut  tempo-  treaty-nuiking  power  will  sanction 
made  to  continue  ^o  conflict  between  them. 

1.    liutwhatdoes       mi      i  ii  .i  /•         ai  i  tut 

s  on  its  face  the  lionorable  gentleman  from  Auibnma,  [Mr. 

in"- parties' t!' lit  n  Yancky,]  to  wlinse  remarks  1  listened  with  so 
ocTupnn<-y' would  »»"<='^  clelight-it  was  the  glowing  eloquence  of  the 
ves  tlic  rrrht  for  "^""y  ^»utb — asked  what  the  late  war  had  achiev- 
t  occupaiicv  unor  *^'  ^''''  ^''"'  '^'^''^^  ""'  '^  ^'^''  ^"''  ^'^'''''''^'7;  '^  ^^^^ 
looked  tiien  as  •  ^^''^''  ''"^''  ^''^  freedom  of  the  sea.  Great  Britain 
e  this  convention  W '^''lim"'  supi-emacy  upon  the  ocean;  and  lier 
fact  that  the  day  1'°'^^  '"^'^  boastingly  said  of  ner- 


upancy  would  ik. 
in  error — we  nr( 
that  that  day  hah 
i^edifler  upon  this 
tion  of  our  title, 
hairman,  exceed- 


"  Uritaniiirt  iierdH  no  bulwark, 
No  towers  nloM!?  tlic  steep; 
Her  inaroli  is  o'er  tlie  mountain  wave, 
Her  lioiiie  is  on  tlie  deep." 


We  met  her  on  that  element;  and  again  and  again 
and  again  was  the  red  cross  of  St.  George  struck 
h  a  distino-uished  before  that  .starry  banner  around  which  cluster  tlic 
e  Capitol^whosf  jgushing  afTectioiLS  of  our  hearts.  Yes,  sir,  upon 
cness  of  intelleo'  *'»  before  we  entered  that  strug^e,  we  inscrilied 
master-spirits  01  ''^^'■''«  trade  and  sailors^  rights."  They  were  glo- 
hulo  around  the  fiously,  nobly  maintained;  and  at  the  treaty  of 
m  the  American  Ghent — over  which  was  placed,  as  one  of  its  min- 
model  of  what  an  istering  spirits,  the  venerable  gentleman  from  Mas- 
But  we  have  ali  «ac.husetts,  [Mr.  Adams] — the  American  eagle 
Ve  are  all  bount  flapped  its  wings  triumphantly  over  the  crouching 
this  question  tin     ^^on, 

id  education  hav(    ,     M""-  Chairman,  muck  has  been  said  of  what  the 
'  follow  out   after    ^  West  will  do  in  case  of  a  contest.     1  hojie,  I  fer- 
Rtates  of  our  own  ^vently  hope,  tliat  this  contest  may  not  come;  but 
ay  has  come  for    ; 
:upai.cy.      Your    ^  ' 

She  lias  agaii; 
;ace  to  the  Gov 
3  has  again  sail! 
I,  "Although  we 
of  this  territory, 
offer  to  divide  i: 
de,  which  is  the 
rom  the  Lake  o: 
itains.  We  wil 
'.  ocean,  and  give 
lificent  territory, 
you  never  clainv 
t  claimed  merely 
I  believe  that  the 
ish  Mitiister  wo- 
,  over  it  humaiii 

a  who  addres.scc    . . 

vsked  wliere  was     '.  '  ' 

Constitution,  tt     ,, 

to  section  thiril,  .  :; 
m,  which   reads     ':', 


iP  wo  arr  to  liavc  it — if  \vr  are  to  have  the  battle  of 
tin'  Wiirrior  "  with  tonfiiscd  noise  and  garmenta 
rolled  in  blood" — I  tell  my  friends  from  the 
rich  and  glorio\is  West,  that  tliose  I  have  the  hon- 
or to  represent  will  not  Ijc  found  last  when  the 
muster  roll  is  cnlhul.  Sir,  the  patriotism  and  the 
valor  of  my  constituents  need  no  pulo";ium  from 
ine.  They  have  Ixen  written  on  the  field  of  battle 
with  the  heart's  blood  of  the  proud  invader;  and 
the  same  valor  nnd  the  same  patriotism  which 
more  than  thirty  years ngo  impelled  them  to  throw 
themselves  between  their  own  loved  homes  and  tlio 
warrior's  desolation,  which  led  tiieni  to  encounter 
the  veterans  of  Wellington,  fluslied  with  the  victo- 
ries of  the  Peninsula,  animates  their  bosoms,  and 
will  again  nervo  their  arms.  Sir,  in  our  infant 
struggle  for  liberty,  in  the  army  which  carried  us 
so  successfully  through  that  trying  crisis,  there 
was  one  division  whose  name  has  become  an  epi- 
taph of  glory.  It  was  the  Maryland  Line — "fir.st  in 
th(!  fight  ana  last  in  the  retreat."  Although  How- 
ard, of  Eutaw,  and  the  gallant  Smith,  now  sleep 
beneath  the  soil  of  that  country  which  their  efforts 
aided  to  redeem  from  a  foreign  bondage,  their  spir- 
its walk  abroad. 

Mr.  Chairman,  I  btheve  if  this  contest  is  to  come, 
it  will  not  be  for  a  few  miles  of  territory.  It  will  be 
a  strife  between  the  monarcliical  principles  of  the 
Old  World  and  the  rising  greatness  of  the  Western 
Empire.  Our  light  has  become  so  bright  as  to  be 
flashed  across  the  ocean,  and  to  light  up  the  dark 
places  of  Europe;  our  glorious  republican  institu- 
tions have  engendered  a  Jealousy  beyond  the  wa- 
ters; and  if  the  contest  comes,  it  will  bo  an  effort  to 
break  down  the  resources,  and  to  cripple  the  ener- 
gies of  this  mighty  nation.  Sir,  if  this  contest 
comes,  I  look  down  the  distant  future,  and  I  see 
no  speck  or  cloud  upon  our  j)olitical  horizon;  no 
shade  of  doubt  crosses  my  mind  as  to  the  final 
issue  of  that  conflict;  for 

"  Freedoin's  battle  once  bcsiiin, 
Hecpieattii.'d  I'roiu  lileediiiH;  sire  to  son| 
Though  butflud  ofl,  is  ever  won." 


ver  to  dispose  ol 
I  regulations  re- 


